Important Forms for Adjustment of Status and Consular Processing

On July 24th, we will hold our fourth Facebook Live Event, in which our immigration attorney, Debby Le, will discuss two pathways to a green card: adjustment of status and consular processing.

There are eight categories for which an individual may be eligible for a green card. The most common, and the category we will be discussing in our live event, is Family Immigration.

As a helpful companion to that event, this post will review the most common forms used in the adjustment/consular process for Family Immigration.

Click on any of the links below to be taken to the specific section on each form.

>Form I-130, Petition for Alien Relative
>Form I-485, Application to Register Permanent Residence or Adjust Status
>Form I-765, Application for Employment Authorization
>Form I-864, Affidavit of Support Under Section 213A of the INA
>Form I-131, Application for Travel Document
>Form DS-260, Immigrant Visa and Alien Registration Application

Form I-130, Petition for Alien Relative

Form I-130, Petition for Alien Relative, is filed by the U.S. citizen or legal permanent resident (LPR) who is sponsoring the immigrating family member. The form is intended “to establish the existence of a relationship” between the sponsor and the immigrant by clearly documenting all relevant information about the sponsor, the immigrant, and their relationship.

There are several recognized categories who are eligible to use Form I-130, including: (1) the spouse of the petitioner; (2) the unmarried children of the petitioner; (3) the married children of the petitioner; (4) the siblings of the petitioner; and (5) the parents of the petitioner.

There are additional restrictions and requirements on each of the categories above.

There are 9 parts to Form I-130, which cover every category listed above, even though each category has different and specific informational and document requirements. The parts are as follows:

>Part 1: Relationship – Details what relationship the petitioner and the immigrant have with each other.

>Part 2: Information About You – Details all information about the petitioner, including, but not limited to, their name, birth date, address history, whether they are a citizen or LPR, and their employment history.

>Part 3: Biographic Information – Details the petitioner’s biographic information, including their ethnicity, race, height, weight, eye color, and hair color.

>Part 4: Information About Beneficiary – Details all information about the immigrant, including, but not limited to, their name, birth date, address history, information about their family members, and employment history.

>Part 5: Other Information – Details other information about the immigrant and whether the petitioner has filed for other relatives.

>Part 6: Petitioner’s Statement, Contact Information, Declaration, and Signature

>Part 7: Interpreter’s Contact Information, Certification, and Signature – If an interpreter was used to fill out Form I-130, this section gives their information and certification.

>Part 8: Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Then the Petitioner

>Part 9: Additional Information – Additional spaces for each section if the petitioner needs them.

For more information on Form I-130, you can visit the USCIS website or read our related articles.

Form I-485, Application to Register Permanent Residence or Adjust Status

Form I-485, Application to Register Permanent Residence or Adjust Status, is filed by an immigrant who wants to become a legal permanent resident. This form can also be filed by a “Derivative Applicant” on behalf of the immigrant in some cases.

Regardless of who files the application, the immigrant must be physically present in the U.S. to be eligible for adjustment.

There are also several other requirements each immigrant must meet based on their immigration category, admissibility, and other status, outside of filing Form I-485. You can find detailed instructions on these requirements on the USCIS website.

In addition, there is a multitude of “evidence” that the immigrant is required to submit with the application. You can find a detailed list of the required evidence on pages 8-14 of the Instructions for Application to Register Permanent Residence or Adjust Status PDF on the USCIS website.

There are 14 parts to Form I-485, which are as follows:

>Part 1: Information About You – Details all information about the applicant, including but not limited to, their name, birth date, address, and immigration history.

>Part 2: Application Type or Filing Category – Details which immigration category the applicant is filing under.

>Part 3: Additional Information About You – Details more information about the applicant, including, but not limited to, their address history and their employment history.

>Part 4: Information About Your Parents – Details all information about the applicant’s parents, including, but not limited to, their name, birth date, and address.

>Part 5: Information About Your Marital History – Details all information about the applicant’s martial history.

>Part 6: Information About Your Children – Details all information about the applicant’s children, if any, including, but not limited to, their name and date of birth.

>Part 7: Biographic Information – Details the applicant’s biographic information, including their ethnicity, race, height, weight, eye color, and hair color.

>Part 8: General Eligibility and Inadmissibility Grounds – Details all information that demonstrates the applicant’s eligibility or possible inadmissibility for adjustment of status, including, but not limited to, their criminal history and U.S. admissions circumstances.

>Part 9: Accommodations for Individuals With Disabilities and/or Impairments

>Part 10: Applicant’s Statement, Contact Information, Declaration, Certification, and Signature

>Part 11: Interpreter’s Contact Information, Certification, and Signature – If an interpreter was used to fill out Form I-485, this section gives their information and certification.

>Part 12: Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant

>Part 13: Signature at Interview – Spaces for the applicant and the USCIS officer to sign at the USCIS interview.

>Part 14: Additional Information – Additional spaces for each section if the petitioner needs them.

For more information on Form I-485, you can visit the USCIS website or read our related articles.

Form I-765, Application for Employment Authorization

Form I-765, Application for Employment Authorization, is filed by an immigrant “to request employment authorization and an Employment Authorization Document.”

USCIS includes several categories of individuals who are eligible to file Form I-765, including, but not limited to, asylees, refugees, foreign students. non-immigrant employees, non-immigrant family members, and immigrant family members.

In addition to filing Form I-765, there is a multitude of “evidence” that the immigrant is required to submit with the application. You can find a detailed list of the required evidence on pages 19-22 of the Instructions for Application for Employment Authorization PDF on the USCIS website.

There are 6 parts to Form I-765, which are as follows:

>Part 1: Reason for Applying – Explains why you are applying for work authorization.

>Part 2: Information About You – Details all information about the applicant, including, but not limited to, their name, address, date of birth, marital status, parent’s names and date of birth, and their eligibility category.

>Part 3: Applicant’s Statement, Contact Information, Declaration, Certification, and Signature

>Part 4: Interpreter’s Contact Information, Certification, and Signature – If an interpreter was used to fill out Form I-765, this section gives their information and certification.

>Part 5: Contact Information, Declaration, and Signature of the Person Preparing this Application, If Other Than the Applicant

>Part 6: Additional Information – Additional spaces for each section if the petitioner needs them.

For more information on Form I-765, you can visit the USCIS website or read our related articles.

Form I-864, Affidavit of Support Under Section 213A of the INA

Form I-864, Affidavit of Support Under Section 213A of the INA, is completed, signed, and filed by the individual who is sponsoring an immigrant based on family and/or employment. The affidavit is intended “to show that [the immigrant has] adequate means of financial support and [is] not likely to become a public charge.”

Important: Form I-864 is a crucial form for all consular processing applications. If this form is denied, it will be can cause a denial of the entire application. For this reason, it is recommended that you fill out and file this form with the help of an immigration attorney.

There are 11 parts to Form I-864, which are as follows:

>Part 1: Basis For Filing Affidavit of Support – Details why the petitioner is filing Form I-864.

>Part 2: Information About the Principal Immigrant – Details all information about the principal immigrant the sponsor if filing on behalf of, including, but not limited to, their name, address, birth date, and USCIS account information.

>Part 3: Information About the Immigrants You Are Sponsoring – Details all information about any other supplemental immigrants the sponsor is filing on behalf of, including, but not limited to, the names, dates of birth, relationship to the principal immigrant, and USCIS account information.

>Part 4: Information About You – Details all information about the sponsor, including, but not limited to, their name, address, date of birth, and citizenship status.

>Part 5: Sponsor’s Household Size – Details all information about the sponsor’s household and size.

>Part 6: Sponsor’s Employment and Income – Details all information about the sponsor’s employment history and current income.

>Part 7: Use of Assets to Supplement Income – An option section that details all information about the sponsor’s assets.

>Part 8: Sponsor’s Contract, Statement, Contact Information, Declaration, Certification, and Signature

>Part 9: Interpreter’s Contact Information, Certification, and Signature – If an interpreter was used to fill out Form I-864, this section gives their information and certification.

>Part 10: Contact Information, Declaration, and Signature of the Person Preparing this Affidavit, If Other Than the Sponsor

>Part 11: Additional Information – Additional spaces for each section if the petitioner needs them.

For more information on Form I-864, you can visit the USCIS website.

Form I-131, Application for Travel Document

Form I-131, Application for Travel Document, is filed by an immigrant seeking travel documents from USCIS.

USCIS recognizes several categories under Form I-131, including (1) Reentry Permit, (2) Refugee Travel Document, (3) Advance Parole Document for Individuals Who Are Currently in the United States, and (4) Advance Parole Document for Individuals Outside the United States.

Each of the above categories has specific requirements that must be met and documents that must be submitted with the application. A detailed explanation for each is given on pages 2-12 of the Instructions for Application for Travel Document PDF on the USCIS website.

There are 9 parts to Form I-131, which are as follows:

>Part 1: Information About You – Details all information about the immigrant, including, but not limited to, their name, address, birth date and USCIS account number.

>Part 2: Application Type – Details which application type the immigrant is applying for.

>Part 3: Processing Information – Details information about when the applicant will be traveling and where they want their travel document sent to.

>Part 4: Information About Your Proposed Travel – Details all information about why the applicant is traveling and where they plan to visit.

>Part 5: Complete Only If Applying for a Re-entry Permit

>Part 6: Complete Only If Applying for a Refugee Travel Document

>Part 7: Complete Only If Applying for Advance Parole

>Part 8: Signature of Applicant

>Part 9: Information About Person Who Prepared This Application, If Other Than the Applicant

For more information on Form I-131, you can visit the USCIS website.

Form DS-260, Immigrant Visa and Alien Registration Application

Form DS-260, Immigrant Visa and Alien Registration Application, is filed by an individual who is outside the U.S. for the purpose of seeking a green card.

All DS-260 applications are processed through an online portal by the National Visa Center.

The application details all information about

>the immigrating individual
>the immigrating individual’s sponsor and/or family
>civil documents, such as marriage or birth certificates, and
>financial documents, such as employment records.

Important: All information submitted through Form DS-260 is final and cannot be retracted. In other words, the applicant is not allowed to amend or take back any information they submit on the form. For this reason, it is recommended that you fill out and file this form with the help of an immigration attorney.

For more information on Form DS-260, you can visit the U.S. Department of State website.

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Disclaimer: Nothing in relation to the enclosed information should be construed and or considered as legal advice for any individual, entity, case, or situation. The following information is prepared for advertisement use only. The information is intended ONLY to be general and should not be relied upon for any specific situation. For legal advice on your specific situation, we encourage you to consult an attorney experienced in the area of Immigration Law.